If the Police have asked to speak to you about an allegation, you do not have to participate in an interview or say anything. Getting advice from a criminal lawyer can be important to give you the confidence to know your rights and protect yourself.
As a general rule, you do not have to speak to the police if they believe you have committed an offence. In Australia, you have a right to silence even if you are arrested, taken to the police station and charged. There are some situations where you can be required to give your name and address to police, but normally you do not have to give them any other information.
The right to silence is an important right. You are entitled to remain silent and answer no questions when you are taken to an interview room and asked questions by police. You could alternatively answer 'no comment' to every question. You have an entitlement to speak to a lawyer if you are arrested and a private conversation will be arranged.
I provide new clients with advice about police interviews for free. I am happy to provide advice prior to you attending the police station or once you are arrested. I provide my first appointment free of charge, including an appointment about an interview with police.
Experience shows that generally it is not advisable to participate in a police interview. Exercising your right to silence cannot be taken into account against you later if you are charged. However, there are some circumstances in which it is useful to speak to the police. This should be done after receiving expert legal advice from a criminal law specialist.
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